Section 94A Contributions Plan – Revision 1

for

Wingecarribee Shire Council

Original: Adopted: 12 May 2010 Effective: 1 July 2010

Amendment 1 Adopted: 12 August 2015 Effective: 26 August 2015

Section 94A Contributions Plan – Revision 1

1 Contents

Contents 1 CONTENTS ...... 2 2 PART A – SUMMARY SCHEDULES ...... 4 3 PART B – THE RELATIONSHIP BETWEEN EXPECTED TYPES OF DEVELOPMENT AND DEMAND FOR ADDITIONAL PUBLIC AMENITIES AND SERVICES ...... 6 3.1 CURRENT POPULATION STATISTICS ...... 6 3.2 FUTURE GROWTH STATISTICS ...... 6 4 PART C – ADMINISTRATION AND OPERATION OF THIS PLAN ...... 9 4.1 WHAT IS THE NAME OF THIS PLAN ? ...... 9 4.2 APPLICATION OF THE PLAN ...... 9 4.2.1 Land to which the Plan Applies ...... 9 4.2.2 Development which the Plan Applies ...... 9 4.2.3 Relationship with Other Plans and Policies ...... 9 4.2.4 Transitional Provision ...... 10 4.3 WHEN DOES THIS PLAN COMMENCE ? ...... 10 4.4 WHAT IS THE PURPOSE OF THIS PLAN ? ...... 10 4.5 ARE THERE ANY EXEMPTIONS TO THE LEVY ? ...... 10 4.5.1 Short term or emergency accommodation by a community organisation – Group Homes 11 4.5.2 Development by non-profit organisations ...... 12 4.5.3 Determination of applications for exemption ...... 12 4.6 POOLING OF LEVIES ...... 12 4.7 CONSTRUCTION CERTIFICATES AND THE OBLIGATIONS OF ACCREDITED CERTIFIERS ...... 12 4.8 HOW WILL THE LEVY BE CALCULATED ? ...... 13 4.9 WHEN IS THE LEVY PAYABLE ? ...... 13 4.10 HOW WILL THE LEVY BE ADJUSTED ? ...... 13 4.11 CAN DEFERRED OR PERIODIC PAYMENTS BE MADE ? ...... 14 4.12 CAN THE LEVY BE SETTLED “IN -KIND ”? ...... 15 4.12.1 Voluntary planning agreements ...... 15 5 PART D – WINGECARRIBEE SECTION 94A WORKS PROGRAM (PAMPS) ...... 17 6 PART E – WINGECARRIBEE SECTION 94A LAND ACQUISITION PROGRAM 27 7 PART F - MAPS ...... 29 DICTIONARY AND ABBREVIATIONS ...... 39 8 39 9.1 ABBREVIATIONS ...... 39 9.2 DEFINITIONS ...... 39 10 PART H – REFERENCES ...... 48 11 APPENDIX A ...... 50 11.1 PROCEDURE ...... 50 11.2 SAMPLE COST SUMMARY REPORT ...... 52 11.3 SAMPLE QUANTITY SURVEYOR ’S REPORT ...... 53

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Tables TABLE 1 - WORKS SCHEDULE SUMMARY ...... 4 TABLE 2 – SECTION 94A LEVIES APPLICABLE TO DEVELOPMENT UNDER THE PROVISIONS OF THIS PLAN . 5 TABLE 3 – DEVELOPMENT SERVICING PLANS ...... 10 TABLE 4 – WINGECARRIBEE SECTION 94A WORKS PROGRAM (PAMP S)...... 17 TABLE 5 - WINGECARRIBEE SECTION 94A LAND ACQUISITION PROGRAM ...... 27

Figures FIGURE 1 - EAST SECTION 94A CONTRIBUTIONS CATCHMENT AND WORKS PROGRAM ITEMS ...... 29 FIGURE 2 - MITTAGONG WEST SECTION 94A CATCHMENT AND WORKS PROGRAM ITEMS ...... 30 FIGURE 3 - SECTION 94A CONTRIBUTIONS CATCHMENT AND WORKS PROGRAM ITEMS ...... 30 FIGURE 4 - MOSS VALE EAST SECTION 94A CONTRIBUTIONS CATCHMENT AND WORKS PROGRAM ITEMS ...... 32 FIGURE 5 – MOSS VALE WEST SECTION 94A CONTRIBUTIONS CATCHMENT AND WORKS PROGRAM ITEMS ...... 32 FIGURE 6 - BERRIMA SECTION 94A CONTRIBUTIONS CATCHMENT AND WORKS PROGRAM ITEMS ...... 34 FIGURE 7 - ROBERTSON SECTION 94A CONTRIBUTIONS CATCHMENT AND WORKS PROGRAM ITEMS .... 35 FIGURE 8 - BUNDANOON SECTION 94A CONTRIBUTIONS PLAN CATCHMENT AND WORKS PROGRAM ITEMS ...... 36 FIGURE 9 - BALACLAVA SECTION 94A CATCHMENT ...... 37 FIGURE 10 - BRAEMAR SECTION 94A CATCHMENT ...... 38

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2 Part A – Summary Schedules

The following summary schedules are included in this plan:

1. Works Schedule (Table 1); and 2. Summary of levies applicable (Table 2).

The Works Schedule identifies the public facilities for which Section 94A levies will be required. Table 1 is a summary of the works schedule adopted in 2009 and a summary of the estimated cost of the respective items. A complete list of proposed works, their individual cost estimate and pooling priority can be found in Table 4 of this Plan.

Maps showing the specific public amenities and services proposed to be provided are contained in Part F - Maps of this Plan. Levies paid to Council under this Plan will be applied towards meeting the cost of provisions or augmentation of new public facilities as summarised in Table 1. It is estimated that Council will receive on average an income of $80,000 to $100,000 per year from the levy. This income will be wholly spent annually on public infrastructure listed in Table 4 within the Section 94A Catchments identified in Part E of this Plan, over the period of 20-years. However the Plan will be reviewed on a bi-annual basis to ensure income from the levy is able to match proposed expenditure.

Table 1 - Works Schedule Summary Community Facilities (Summary) Estimated Costs AS Ramps (Kerb Ramps to Australian Standards) $153,000 Footpaths $1,226,500 Footpaths and Kerb and Gutter (combined projects) $40,500 Footpath and Pedestrian Refuge (combined projects) $42,600 Footpath and Planter Boxes $5,000 Kerb Replacements $2 ,000 Pedestrian Crossings $15,000 Pedestrian Refuges $15,000 Pedestrian Bridge $20,000 Footpath and Kerb Ramps (combined projects) $91,000 Roundabouts $100,000 Roundabout and AS Ramps $200,000 Walkway (Corbett Plaza) $200,000 Land Acquisitions $1,339,600.00 TOTAL $3,450,200.00

The items summarised in Table 1 are in addition to the works items identified in Council’s Section 94 Contributions Plans, as listed in Section 4.2.3 of this Plan.

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Table 2 – Section 94A Levies applicable to development under the provisions of this Plan Proposed cost of carrying out the development as Levy determined in accordance with this Plan Where the proposed cost of carrying out the development is NIL up to and including $100,000 Where the proposed cost of carrying out the development is 0.5% of the cost of more than $100,000 and up to and including $200,000 the development Where the proposed cost of carrying out the development is 1% of the cost of the more than $200,000 development

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3 Part B – The Relationship Between Expected Types of Development and Demand for Additional Public Amenities and Services

3.1 Current Population Statistics

The Wingecarribee Shire is located 75-kilometres from the south-western fringe of and covers an expanse of 2,700 square kilometres. The Wingecarribee Shire Community Profile 2006 examines the 2006 Census Data produced by the Australian Bureau of Statistics. In summary, at the 2006 Census:

• The population of the Shire was 42,272; • The Shire’s urban growth was centred in the towns of Mittagong, Bowral and Moss Vale (which comprised 61% of the population of the Shire); • There were 16,218 households; • The Shire had 11,561 families; • Separate housing accounted for 90% of occupied private dwellings; and • Common industries were retailing, health and community services, manufacturing, construction, hospitality, education and training.

The Wingecarribee Shire Community Profile 2006 also compares the Shire’s demography with national, State and regional contexts. Comparative data includes , NSW and the region. For further information the document is available from Council – Civic Centre, Elizabeth Street, Moss Vale; or as a down load from: http://www.wsc.nsw.gov.au/planning/2706.html

3.2 Future Growth Statistics

According to the Sydney- Corridor Regional Strategy 2006-2031, published by the NSW Department of Planning, the Wingecarribee Shire LGA is likely to grow by approximately 16,400 persons between 2006 and 2031. These persons, according to the strategy, will generate approximately 9,000 new jobs in the LGA and the need for approximately 8,700 new dwellings. As part of this population growth there will be an associated growth in non-residential development particularly in the form of commercial and industrial development. Specifically, reproduced from the NSW Dept. of Planning’s Fact Sheet, July 2008 , for the Wingecarribee:

“Employment • The Strategy targets 9,000 new jobs in the Wingecarribee Shire over the period to 2031. Increases are expected in areas of logistics, warehousing and transport, manufacturing, health and aged care, as well as tourism. • The major regional centre in the Wingecarribee Shire is Bowral, closely supported by Mittagong and Moss Vale. Bowral provides higher order retail and commercial services; Mittagong is the local service centre; and Moss Vale functions as the administrative and rural service centre.

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• The Wingecarribee Shire currently has around 135 hectares of available employment lands, which contributes to the competitive surplus of employment land that exists within the northern subregion. • Wingecarribee Council will be required to protect regionally significant employment lands, including the Moss Vale-Berrima Enterprise Corridor, to help guarantee local employment for the future. • The Moss Vale-Berrima Enterprise Corridor is 630 hectares of potential employment land identified between Moss Vale and Berrima, which is located close to regional infrastructure and is serviced by a siding off the Main Southern Railway. The extent of developable area is subject to detailed site and environmental assessments.

Housing • Wingecarribees’ anticipated population growth of 16,400 and the resulting demand for 8,700 new dwellings will be accommodated primarily through infill and redevelopment opportunities in Bowral and Greenfield areas in Mittagong and Moss Vale. • Through local planning measures, the future housing mix will be better matched to the needs of smaller households and aged residents.

Environment and Resources • The rural landscapes of the Wingecarribee LGA are a key resource for a range of economic contributors to the Region. Traditionally the rural landscapes have been, and continue to be, predominantly made up of agriculture, though now also involve tourism, mineral resources, energy production through wind farms and a home for people seeking a rural lifestyle. • Existing towns and villages such as Hill top and Burrawang play an important role in providing for housing choice, a rural lifestyle and often more affordable housing. The rural character of many villages is a significant local and regional asset. • By encouraging the majority of urban growth in existing major centres such as Bowral, Mittagong and Moss Vale the Strategy ensures the character of the rural areas well away from urban centres is not lost to inappropriate development. • Existing rural residential zones have the capacity to meet demands for rural lifestyle housing within the Region. Additional development areas will only be considered if justified by a Local Settlement Strategy that assesses the net benefit of additional rural residential land against the loss of valuable agricultural lands.

Transport and Infrastructure • Regional infrastructure requirements listed in the State Infrastructure Strategy are included in the Sydney-Canberra Corridor Regional Strategy, to align growth and infrastructure.”

This Plan applies to existing commercial and industrial lands in the Wingecarribee LGA as identified in Part D of this Plan. The Section 94A levy imposed under this Plan will enable Council to provide high quality and diverse public facilities, as

Wingecarribee Shire Council Page 7 of 53 Section 94A Contributions Plan – Revision 1 outlined in Table 1, in the areas identified in the maps, to meet the expected growth outlined in the Sydney-Canberra Corridor Regional Strategy .

The items outlined in Table 1 are in addition to the works items identified in Council’s Section 94 Contributions Plans, as listed in Section 4.2.3 of this Plan.

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4 Part C – Administration and Operation of this Plan

4.1 What is the name of this Plan?

This Plan is called the Section 94A Contributions Plan for Wingecarribee Shire Council.

4.2 Application of the Plan

4.2.1 Land to which the Plan Applies

This Plan applies to the land within the Local Government Area of Wingecarribee Shire shown on the maps contained in Part F of this Plan as Figures 1 to 8.

4.2.2 Development which the Plan Applies

This Plan applies to development for which consent is required under Part 4 of the EPA Act, except for development listed as exempt under Section 4.5 of this Plan.

4.2.3 Relationship with Other Plans and Policies

This Plan precludes the imposition of the following Section 94 Contributions Plans within the land identified in Figures 1 to 8, as described in this Plan:

Table 3 – Contributions Plans Precluded by this Plan Date of Adoption Name of Plan (Original) Developer Contributions Plan for Bundanoon 27 th September 2004 Developer Contributions Plan for Roads and Traffic 8 August 2012 Management Facilities 2012 to 2031 Developer Contributions Plan for S94 Administration 2011 8 November 2011 to 2031 Developer Contributions Plan for Open Space, Recreation, 12th March 2014 Community and Cultural Facilities 2013 to 2036 Section 94 Developer Contributions Plan for Central 9th July 1997 Library Facility Section 94 Developer Contributions Plan for Resource 26 th August 2009 Recovery Centre 2009

This Plan supplements the provisions of the Wingecarribee Shire Local Environmental Plan 2010 and the following Development Servicing Plans made under Section 64 of the Local Government Act 1993 and Sections 305 to 307 of the Water Management Act 2000:

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Table 3 – Development Servicing Plans Date of Adoption of Name of Plan Plan Water Supply Development Servicing Plan for 1 January 2007 Wingecarribee Shire Council Sewerage Development Servicing Plan for Wingecarribee 1 January 2007 Shire Council Stormwater Development Servicing Plan for Wingecarribee 9 November 2010

4.2.4 Transitional Provision

This Plan applies to the development proposed by a development application made but not determined on the commencement of this Plan.

4.3 When does this Plan commence?

This Plan has been prepared pursuant to the provisions of Section 94A of the EPA Act and Part 4 of the EPA Regulation and takes effect from the date specified in a public notice, pursuant to clause 31(4) of the EPA Regulation.

The date on which public notice was published was: 26 August 2015; and the date which the public notice specified that this Plan would take effect: 26 August 2015.

4.4 What is the purpose of this Plan?

The primary purposes of this Plan are:

a. To authorise the imposition of a condition on certain development consents requiring the payment of a contribution pursuant to Section 94A of the Environmental Planning and Assessment Act, 1979. b. To assist Council to provide the appropriate public facilities which are required to maintain and enhance amenity and service delivery within the area. c. To identify the purposes for which the levies are required.

d. To require an accredited certifier is required to impose a condition under this Plan in respect of complying development, and to specify the amount of the levy.

4.5 Are there any exemptions to the levy?

The levy will not be imposed in respect of development:

a. in accordance with the Minister’s direction under s94E of the EPA Act dated 20 November 2006 (for so long as that direction remains in force):

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° where the proposed development cost of carrying out the development is $100,000 or less; ° for the purposes of disabled access; ° for the sole purpose of affordable housing; or ° for the purpose of reducing the consumption of mains-supplied potable water or reducing the energy consumption of a building; or ° for the sole purpose of the adaptive reuse of an item of environmental heritage; or ° other than the subdivision of land, where a condition under section 94 of the EPA Act has been imposed under a previous development consent relating to the subdivision of the land on which the development is proposed to be carried out; or b. comprising the erection of a dwelling house on an existing vacant residential lot currently rated for water and sewer (except where development involves subdivision or an increase in population density, i.e. dual occupancy or greater); c. in accordance with the Minister’s direction under s94E of the EPA Act dated 14 September 2007, for so long as that direction remains in force, where the development is for the purpose of any form of seniors housing as defined in State Environmental Policy (Housing for Seniors or People with a Disability) 2004 and the development consent is granted to a social housing provider ; or d. an application which is solely for the purpose of alterations and additions to an existing dwelling house ; or e. for granny flats, where the floor space is equal to or less than 60m2; or f. for the purpose of home-based child care ; or g. for the purpose of home business ; or h. for the purpose of home industry ; or i. for the purpose of home occupation ; or j. for the purpose of home occupation (sex services) ; k. from time to time, any other development for which s94A contributions may not be imposed in accordance with a direction by the Minister under s94E of the EPA Act.

Further Council may exempt (or partially exempt) development of the kinds mentioned in 4.5.1 - 4.5.2:

4.5.1 Short term or emergency accommodation by a community organisation – Group Homes

Development involving short term or emergency accommodation primarily for stays of less than two (2) weeks provided that the community organisation carrying out the development has received endorsement for the project as a deductible gift recipient by the Australian Taxation Office under the category of a “public benevolent institute” .

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4.5.2 Development by non-profit organisations

Development by not-for-profit organisations if the Council determines that the development is for an essential community service.

4.5.3 Determination of applications for exemption

For claims for exemption to be considered for development referred to in Sections 4.5.1 to 4.5.2, and in relation to seniors housing consents granted to social housing providers, the development application should include a comprehensive submission arguing the case for exemption and including details of the following matters:

• For not-for-profit organisations – evidence from the Australian Tax Office demonstrating their not-for-profit status. • For Seniors Living (SEPP 2004) – evidence that the Applicant is a ‘social housing provider’ as defined. • Any other information Council request due to the particular circumstances of the case.

4.6 Pooling of levies

This Plan expressively authorises Section 94A levies paid for different purposes to be pooled and applied (progressively) for those purposes subject to any ministerial direction under Division 6 of Part 4 of the Act. The priorities for the expenditure of the levies are shown in the works schedule (Table 1).

4.7 Construction certificates and the obligations of accredited certifiers

This Plan requires an accredited certifier when issuing complying development certificate for development to which the Plan applies, to impose a condition requiring the payment of contributions calculated in accordance with this Plan, in particular clause 4.8.

In accordance with clause 146 of the EPA Regulation, a certifying authority must not issue a construction certificate for building work or subdivision work under a development consent unless it has verified that each condition requiring the payment of levies has been satisfied.

The that regard, the certifier should ensure that the applicant provides a receipt(s) confirming that levies have been fully paid and copies of such receipts must be included with copies of the certified plans provided to Council in accordance with clause 142(2) of the EPA Regulation.

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4.8 How will the levy be calculated?

This Plan authorises the imposition of a condition on the grant of consent to development to which this Plan applies that requires the payment to the Council of a levy calculated in accordance with Table 2 of the proposed cost of carrying out the development, provided that the Council does not also impose on the consent a condition pursuant to section 94 of the Act.

The levy is to be calculated as follows:

Levy Payable = %C ×$C

Where:

%C is the levy percentage

$C is the proposed cost of carrying out the development as estimated or determined in accordance with this plan

The proposed cost of carrying out of the development will be determined in accordance with clause 25J of the EPA Regulation. The procedures set out in Appendix A to this Plan must be followed to enable to the determination of the amount of the levy to be paid.

Without limiting the above, the council or accredited certifier may review the valuation of works in the costs Summary or Quantity Surveyor’s Detailed Cost Report and may seek the services of an independent person to verify the costs. In these cases, all costs associated with obtaining such advice will be at the expense of the applicant.

4.9 When is the levy payable?

The Council’s policy concerning the timing of the payment of s94A levies is that they must be paid to Council at the time specified in the condition that imposes the levy except if a deferred or periodic payment is agreed in accordance with this Plan. If no such time is specified in the condition, the levy must be paid prior to the issue of a construction certificate or if no such certificate is required, prior to the commencement of the development.

4.10 How will the levy be adjusted?

Levies required as a condition of consent under the provisions of this Plan will be adjusted at the time of payment pursuant to clause 25J(4) of the EPA Regulation. Clause 25J(4) allows the proposed cost of carrying out the development to be indexed before payment to reflect quarterly variations to readily accessible index figures, between the date that the proposed cost was determined by Council and the date that the levy is required to be paid. For the purpose of this Plan Council has adopted the following readily available index:

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• Producer Price Index , Tables 15. Output of the General Construction Industry, Index Numbers and Percentage Changes – Index Number; Non- residential building construction (3020) , as published by the Australian Bureau of Statistics, www.abs.gov.au

Therefore the levy is adjusted in accordance with the following formula:

+ Contribution at the time of Payment = $CO A

Where:

$C O is the original development cost as determined

$C × (C − B ) A is the adjustment amount which is = O I I BI Where:

CI is the Current Index at the time of payment, derived from the Producer Price Index , Tables 15. Output of the General Construction Industry, Index Numbers and Percentage Changes – Index Number; Non-residential building construction (Serries ID: A2333679F) New South Wales, as published by the Australian Bureau of Statistics, www.abs.gov.au , at the time of payment of the levy.

BI is the Base Index at the time the original development cost was determined, derived from the Producer Price Index , Tables 15. Output of the General Construction Industry, Index Numbers and Percentage Changes – Index Number; Non-residential building construction (Series ID: A2333679F) New South Wales, as published by the Australian Bureau of Statistics, www.abs.gov.au .

Note: In the event that the Current Index is less than the Base Index, the Current Index shall be taken to be the Base Index.

4.11 Can deferred or periodic payments be made?

The Council’s policy concerning deferred or periodic payments is that deferred or periodic payment may be permitted in the following circumstances:

a. the deferred or periodic payment of the contribution will not, in the opinion of the Council, prejudice the timing or the manner of the provision of public facilities included in the works program; and b. other circumstances considered reasonable by the Council.

If Council decides to accept a deferred or periodic payment, this may be on such conditions as the Council considers reasonable and will ordinarily require the applicant to provide a bank guarantee for the full amount of the contribution or the outstanding balance on condition that:

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a. The lodgement of an irrevocable bank guarantee without an end date for the amount of the levy plus an additional 13-months simple interest amount, calculated at the Reserve Bank’s Policy Interest Rate (Target Cash Rate) plus 1%, as at the date of the Council’s approval of the deferred payment. b. The maximum period of deferral is the sooner of 12-months from the date of the deferral, the date of the issuing of an occupation certificate, or the date of the issuing of a subdivision certificate. c. The bank guarantee provides for the bank to unconditionally pay the guaranteed sum to Council if Council so demands in writing not earlier than the date mentioned in paragraph b. d. The bank must pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development or the qualification of the Council to make the demand. e. The bank’s obligations are discharged when payment to Council is made in accordance with this guarantee or when Council notifies the bank in writing that the guarantee is no longer required. f. The guarantee shall not be cancelled until such time as the original contribution and accrued interest are paid. In that regard, appropriate arrangements must be made with the Council for the payment of interest on the outstanding amount, from the date on which payment was due until that date on which payment is made as secured by the guarantee.

4.12 Can the levy be settled “in-kind”?

The Council will consider an offer to satisfy a s94A condition by works in kind. If the Council is prepared to accept the offer, it will be necessary for the works in kind to be documented in a formal written agreement, and for the s94A condition to be deleted by way of modification under s96 of the EP&A Act. In all cases, an agreement should be finalised with the Council prior to any works in kind being carried out.

4.12.1 Voluntary planning agreements

If an applicant does not wish to pay a levy in connection with the carrying out of development, the applicant may offer to enter into a voluntary planning agreement with the Council under s93F of the Act in connection with the making of a development application.

The applicant may offer to pay money, dedicate land, carry out works, or provide other material public benefits for public purposes. Those purposes need not necessarily relate to the impacts of the applicant’s development nor to the items listed in Table 4.

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The applicant’s provision under a planning agreement may be additional to or instead of paying a levy in accordance with a condition of development consent authorised by this Plan. This will be a matter for negotiation with the Council.

The offer to enter into the planning agreement together with a copy of the draft agreement should accompany the development application.

The Council will publicly notify the draft planning agreement and an explanatory note relating to the draft agreement along with the development application and will consider the agreement as part of its assessment of the application.

If the Council agrees to enter into the planning agreement, it may impose a condition of development consent under s93I(3) of the Act requiring the agreement to be entered into and performed. If the Council does not agree to enter into the planning agreement, it may grant consent subject to a condition authorised by this Plan requiring the payment of a levy.

Applicants should have regard to:

a. Wingecarribee Shire Council Planning Agreements Policy 2005 as amended from time to time b. The provisions of Subdivision 2 of Part 6 of the EPA Act. c. The provisions of Division 1A of Part 4 of the EPA Reg, and d. The Practice Notes by the Department of Planning, entitled ‘Planning Agreements’, dated July 2005 as amended from time to time.

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5 Part D – Wingecarribee Section 94A Works Program (PAMPs) Table 4 – Wingecarribee Section 94A Works Program (PAMPs) Community Facility – PAMPs Estimated Type of Work Pooling Contribution PAMP PAMP Street Locality Cost Priority Plan Locality Route No. Action Map No. No. Remove Steps on southern side of $2,000 Kerb Low 1 1b 1 Argyle Street Moss Vale Argyle Street located under Rail Replacement Bridge, Replace with kerb and gutter and install safety fence. Extend footpath on northern side $37,000 Footpath High 3 1a 28 Argyle Street Moss Vale of Argyle Street from Hawkins Street to Suttor Road. Pedestrian Crossing at pedestrian $15,000 Pedestrian Low 4 11 16 Lackey Road Moss Vale railway overbridge across Lackey Crossing Road. Extend footpath from Lackey Road $7,500 Footpath Low 5 14 Innes Road Moss Vale to Garrett Street on northern side of Innes Road. Extend footpath on northern side $150,000 Footpath Medium 6 2 1 Robertson Moss Vale of Robertson Road from end of Road existing footpath opposite James (Illawarra Street to Elizabeth Street. Hwy) Construct a raised walkway along $150,000 Footpath High 7 Rotary Moss Vale the northern edge of Whites Creek Parkway from the Bilo supermarket car park to Argyle Street. (Missing Link of Rotary Parkway)

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Community Facility – PAMPs Estimated Type of Work Pooling Contribution PAMP PAMP Street Locality Cost Priority Plan Locality Route No. Action Map No. No. Install Kerb Ramp on Western $3,000 AS Ramps Medium 41 Waite Street Moss Vale Side of Waite Street at corner of Waite and Argyle Streets. Install Kerb Ramps on the $5,000 AS Ramps Medium 42 Elizabeth Moss Vale northwest and southwest corners of Street the intersection of Elizabeth Street and Robertson Road. Construct a 1.2m wide footpath $8,000 Footpath Medium 43 Hawkins Street Moss Vale between Argyle Street and Lot 31 DP 1061140 (western side for 53m). Construct a 1.2m wide footpath $39,000 Footpath Medium 44 Lackey Road Moss Vale from Parkes Road to Farmers Place (western side for 250m). Install 2 kerb ramps on eastern and $5,000 AS Ramps Medium 45 Clarence Street Moss Vale western side of Cnr of Kirkham and Clarence Streets. Install Kerb Ramps and a 1.2m $50,000 Footpath High 46 Argyle Street Moss Vale wide Footpath from Suttor Road to Rail Bridge (northern side for 320m) Reconstruct footpath from $30,000 Footpath Low 8 13 1 Mittagong Bowral Bundaroo Street to Victoria Street. Road Construct AS Ramps in kerb to $5,000 AS Ramps Low 9 2 Victoria Road Bowral footpaths at insection of Mittagong Road and Victoria Road.

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Community Facility – PAMPs Estimated Type of Work Pooling Contribution PAMP PAMP Street Locality Cost Priority Plan Locality Route No. Action Map No. No. Construct a new footpath from $63,000 Footpath Low 10 4 Kirkham Road Bowral Willow Road to Wingecarribee Street along western side of Kirkham Road. Construct pedestrian bridge over $20,000 Pedestrian Medium 11 9b 7 Bong Bong Bowral kerb and gutter to reduce ramp Bridge Street gradient from footpath along Banyette Street to Bong Bong Street. Reconstruct five (5) pedestrian $15,000 AS Ramps Medium 12 8b 6 Bendooley Bowral ramps on kerbs to Australian Street Standards on the roundabout at the intersection of Bendooley Street and Boolwey Street. Intersection improvements $200 ,000 AS Ramps & High 13 7 Bendooley Bowral (roundabout) & reconstruct four Roundabout Street (4) pedestrian ramps on kerbs to Australian Standards on the roundabout at the intersection of Bendooley Street and Wingecarribee Street. Reconstruct six (6) pedestrian $18,000 AS Ramps Medium 14 9 Bendooley Bowral ramps on kerbs to Australian Street Standards on the roundabout at the intersection of Bendooley Street and Merigang Street.

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Community Facility – PAMPs Estimated Type of Work Pooling Contribution PAMP PAMP Street Locality Cost Priority Plan Locality Route No. Action Map No. No. Reconstruct two (2) pedestrian $6,000 AS Ramps Medium 15 10 Bendooley Bowral ramps to Australian Standards at Street the intersection of Bendooley Street and Bundaroo Street. Construct kerb, gutter and full $40,500 Footpath and Medium 16 5 Boolwey Bowral width footpath along southern side kerb and Street of Boolwey Street, west of Edward gutter to Bendooley Street. Upgrade access, paths and ramps at $20,000 Footpath Medium 47 Station Street Bowral Bowral Railway Station from Merrigang to Wingecarribee Streets (both east and west sides). Construct footpath from $65,000 Footpath and Medium 48 Kirkham Road Bowral Wingecarribee Street to Mount kerb ramps Road and install kerb ramps at Forest Lane and upgrade kerb ramps at Mount Road. Install footpath from Pedestrian $4,000 Footpath Medium 49 Bowral Road Bowral Rail Crossing to intersection of Bowral and Station Streets. Install kerb ramps on eastern side $5,000 AS Ramps Medium 50 Banyette Street Bowral of intersection at corner of Station and Banyette Streets. Install kerb ramps on eastern side $5,000 AS Ramps Medium 51 Boolwey Bowral of intersection at coner of Boolwey Street and Station Streets

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Community Facility – PAMPs Estimated Type of Work Pooling Contribution PAMP PAMP Street Locality Cost Priority Plan Locality Route No. Action Map No. No. Install kerb ramps on eastern side $5,000 AS Ramps Medium 52 Merrigang Bowral of intersection of Merrigang and Street Bong Bong Streets. Construct a 1.2m wide path from $9,000 Footpath Medium 53 Bundaroo Bowral Bendooley Street to the Mews on Street the southern side of Bundaroo Street. Install raised footpath from from $20,000 Footpath High 54 Oxley Mall Bowral Gloria Jeans to Boolwey Street as Car Park per Council Plan No. 1970. New 1.2m wide concrete footpath $60,000 Footpath High 67 Bowral St Bowral on Eastern Side of Glebe Streetand Northern side of Bowral St includind Kerb ramp Gleeb St. New 1.2m wide concrete footpath $60,000 Footpath High 68 Bowral St Bowral on south side of road from Mona Road to Gordon Road. Reconstruct Corbett Plaza $200,000 Walkway High 69 Wingecarribee Bowral walkway Street Construct Footpath from Brewster $30,000 Footpath Medium 17 4 Bowral Road Mittagong Street to Old Bowral Road along northern side of Bowral Road.

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Community Facility – PAMPs Estimated Type of Work Pooling Contribution PAMP PAMP Street Locality Cost Priority Plan Locality Route No. Action Map No. No. Reconstruct Footpath and install $5,000 Footpath and Low 18 4 Old Hume Mittagong planter boxes to separate footpath Planter Boxes Hwy from service station driveways along the northern side of Old Hume Hwy to the east of Pioneer Street. Construct a new footpath from Old $6,000 Footpath Medium 19 15 2 Bessemer Mittagong Hume Hwy to House No. 24 Street (opposite intersection with Albert Street) along western side of Bessemer Street. Construct two (2) ramps on kerbs $6,000 AS Ramps Medium 20 5 Bessemer Mittagong at intersection of Bessemer and Street Albert Streets. Reconstruct footpath from Main $6,000 Footpath Medium 21 11 1 Alice Street Mittagong Street to Edward Street along western side of Alice Street. Install four (4) access ramps on $12,000 AS Ramps Medium 23 2 Queen Street Mittagong kerbs to Australian Standards at intersections with Albert Street and Albert Lane in Queen Street. Construct a new footpath from end $30,000 Footpath Low 25 4 Queen Street Mittagong of existing footpath to Lake Alexandria on Eastern side of Queen Street

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Community Facility – PAMPs Estimated Type of Work Pooling Contribution PAMP PAMP Street Locality Cost Priority Plan Locality Route No. Action Map No. No. Install four (4) access ramps on $12,000 AS Ramps Medium 26 5 Queen Street Mittagong kerbs on corners of Albert and Edward Streets in Queen Street. Reconstruct footpath from Station $9,000 Footpath Medium 27 2 Regent Street Mittagong Street to Princess Street along Northern side of Regent Street. Install access ramps in kerbs at $15,000 AS Ramps Medium 28 3 Regent Street Mittagong intersections with Church Lane, Station Street and Wards Lane along the northern side of Regent Street. Construct new footpath from $3,000 Footpath Medium 29 5 Regent Street Mittagong existing pedestrian railway over pass to kerb on Corner of Regent and Princess Streets. Construct a new Pedestrian Refuge $15,000 Pedestrian Medium 30 6 Regent Street Mittagong in Regent Street from new footpath Refuge to eastern footpath on Princess Street. Reconstruct Footpath from Regent $15,000 Footpath Low 31 7 Princess Street Mittagong Street to Bowral Road along eastern side of Princess Street. Install access ramps in kerbs at $6,000 AS Ramps Medium 32 8 Princess Street Mittagong Lane Way access on eastern side of Princess Street.

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Community Facility – PAMPs Estimated Type of Work Pooling Contribution PAMP PAMP Street Locality Cost Priority Plan Locality Route No. Action Map No. No. Construct new footpath from end $30,000 Footpath Medium 33 7 1 Bessemer Mittagong of existing footpath (adjacent Street McDonalds) to Old Hume Hwy on western side of Bessemer Street. Install new pedestrian ramp in $3,000 AS Ramps Medium 34 2 Bessemer Mittagong kerbs on north eastern and north Street western corners of the intersection between Bowral Road and Bessemer Street. Reconstruct footpath from $30,000 Footpath Low 35 3 Bowral Road Mittagong Bessemer Street to Main Street on northern side of Bowral Road Install pedestrian ramps in kerbs at $9,000 AS Ramps Medium 36 4 Bowral Road Mittagong Pioneer Street intersection on north side of Bowral Road Upgrade footpath pavement to $10,000 Footpath Low 55 2 Main Street Mittagong accessible quality on southern side of Main Street from pedetrian signals west to Station Street. Install six (6) pedestrian ramps in $18,000 AS Ramps Medium 37 3 Bowral Road Mittagong kerbs to Australian standards at insections with Church Lane and Station Street along southern side of Main Street.

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Community Facility – PAMPs Estimated Type of Work Pooling Contribution PAMP PAMP Street Locality Cost Priority Plan Locality Route No. Action Map No. No. Construct a roundabout and $100,000 Roundabout Low 56 Princess Street Mittagong associated footpaths at the corner of Princess and Regent Streets. Construct a 1.2m wide footpath $26,000 Footpath and Low 57 Regent Street Mittagong from Church Lane to Albion Street kerb ramps and kerb ramps at Albion Street. Construct a 1.2m wide footpath $33,000 Footpath High 58 Regent Street Mittagong along the north side of Regent Street from Albion Street to Fitzroy Street. Including kerb ramp to link Range Road pedestrian bridge over railway. Construct a 1.2m wide footpath $9,000 Footpath Low 59 Albion Street Mittagong along the the western side of Albion Street from Albion Lane to Regent Street. Construct 1.2m wide footpath $6,000 Footpath Low 60 Albion Street Mittagong along the esatern side of Albion Street from Albion Lane to Regent Street, New 1.2m wide concrete footpath $45,000 Footpath High 61 Old Hume Mittagong on southern/left side of road from Highway Lyell Street to Gibbergunyah Creek.

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Community Facility – PAMPs Estimated Type of Work Pooling Contribution PAMP PAMP Street Locality Cost Priority Plan Locality Route No. Action Map No. No. New 1.2m wide concrete footpath $37,000 Footpath High 64 Albert Street Mittagong on north side of road from Victoria St to Alice Street. Kerb ramps (3) Allow for tree roots. New concrete footpath 1.2m wide $63,000 Footpath Low 65 Bessemer St Mittagong Old Hume Hwy at Albert Street along eastern side of Bessemer Street to Sunset Place Drive on the school side. Construct a footpath from Old $27,000 Footpath Low 38 Jellore Street Berrima Hume Hwy to western end of House No. 26 on northern side of Jellore Street. Construct a footpath and a $42,600 Footpath and Medium 39 Anzac Parade Bundanoon pedestrian refuge from Erith Street Pedestrian to Penrose Road along Anzac Refuge Parade (including bridge). Construct a footpath and kerb $12,000 Footpath Medium 40 Anzac Parade Bundanoon ramps to Australian Standards from Penrose Road to Church Street along Anzac Parade. New 1.2m wide concrete footpath $127,000 Footpath Low 66 Penrose Street Bundanoon from Anzac Parade TOTAL $2,110,600

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6 Part E – Wingecarribee Section 94A Land Acquisition Program Table 5 - Wingecarribee Section 94A Land Acquisition Program Contribution February 2010 Reason for Pooling Plan Property to be Acquired Lot & DP Locality Valuation Acquisition Priority Locality Map Item No. Part of 171 Lackey Road $10,000 Road Widening High B Lot 2 DP 163370 Moss Vale Part of 173 Lackey Road $10,000 Road Widening High B Lot 8 Sec 1 DP 975386 Moss Vale Part of 175 Lackey Road $10,000 Road Widening High B Lot 1 DP 162858 Moss Vale Part of 177 Lackey Road $10,000 Road Widening High B Lot 2 DP 162858 Moss Vale Part of 179 Lackey Road $10,000 Road Widening High B Lot 3 DP 162858 Moss Vale Part of 181 Lackey Road $10,000 Road Widening High B Lot 4 DP 162858 Moss Vale Part of 183 Lackey Road $40,000 Road Widening High B Lot 112 Sec 1 DP 975386 Moss Vale Part of 185 Lackey Road $10,000 Road Widening High B Lot A DP 153149 Moss Vale Part of 187 Lackey Road $10,000 Road Widening High B Lot B DP 153149 Moss Vale Part of 189 Lackey Road $10,000 Road Widening High B Lot 1 DP 800986 Moss Vale Part of 191 Lackey Road $10,000 Road Widening High B Lot 2 DP 800986 Moss Vale Part of 193-199 Lackey Road $33,000 Road Widening High B Lot 1318 DP 1065670 and Moss Vale Lot A DP 152824 Part of 201 Lackey Road $10,000 Road Widening High B Lot 19 DP 999881 Moss Vale Part of 203 Lackey Road $10,000 Road Widening High B Lot 1 DP 743434 Moss Vale Part of 205 Lackey Road $40,000 Road Widening High B Lot 3 DP 1047745 Moss Vale Part of 207 Lackey Road $40,000 Road Widening High B Lot 2 DP 908330 Moss Vale Part of 2 Garrett Street $45,000 Road Widening High B Lot D DP158014 Moss Vale 152 Argyle Street $270,000 New Road Low A Lot 1 DP 773382 Moss Vale Part of Lot 2 Argyle Street $6,660 New Road Low A Lot 2 DP 773382 Moss Vale Part of Lot 71 Wattle & Argyle $90,873 Laneway Widening Medium F Lot 71 DP997464 Bowral Lanes

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Contribution February 2010 Reason for Pooling Plan Property to be Acquired Lot & DP Locality Valuation Acquisition Priority Locality Map Item No. Part of Lots 11 & 12 Wattle & $153,835 Laneway Widening Medium F Lots 11 & 12 DP 1105225 Bowral Argyle Lanes Part of Lots 1 & 2 Argyle Lane $159,562 Laneway Widening Medium D Lots 1 & 2 DP 1091708 Bowral Part of Lot 112 Wattle Lane $22,080 Laneway Widening Medium G Lot 112 DP 626378 Bowral Part of Lot 21 Argyle Lane $130,996 Laneway Widening Medium E Lot 21 DP 1107883 Bowral Par of Lots 5 & 6 Argyle Lane $81,282 Laneway Widening Medium E Lot 5 DP 456210 & Lot 6 Bowral Sec C DP 3807 Part of Lot 1 Wattle Lane $6,072 Laneway Widening Medium G Lot 1 DP 706754 Bowral Part of Lot 2 Wattle Lane $3,795 Laneway Widening Medium G Lot 2 DP 706754 Bowral Part of Lot 3 Wattle Lane $1,380 Laneway Widening Medium G Lot 3 DP 706754 Bowral Part of SRA Land Regent $5,300 Road Widening Low J SRA Land Mittagong Street Part of 51 Regent Street $9,760 Road Widening Low I Lot 4 DP 913353 Mittagong TOTAL $1,259,595.00

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7 Part F - Maps Figure 1 - Mittagong East Section 94A Contributions Catchment and Works Program Items

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Figure 2 - Mittagong West Section 94A Catchment and Works Program Items

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Figure 3 - Bowral Section 94A Contributions Catchment and Works Program Items

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Figure 4 - Moss Vale East Section 94A Contributions Catchment and Works Program Items

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Figure 5 – Moss Vale West Section 94A Contributions Catchment and Works Program Items

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Figure 6 - Berrima Section 94A Contributions Catchment and Works Program Items

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Figure 7 - Robertson Section 94A Contributions Catchment and Works Program Items

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Figure 8 - Bundanoon Section 94A Contributions Plan Catchment and Works Program Items

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Figure 9 - Balaclava Section 94A Catchment

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Figure 10 - Braemar Section 94A Catchment

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8 Dictionary and Abbreviations

8.1 Abbreviations

EPA Act means the Environmental Planning and Assessment Act 1979 (NSW)

EPA Reg means the Environmental Planning and Assessment Regulation 2000 (NSW)

LEP mean Local Environmental Plan

LGA means Local Government Area

Plan means this Section 94A Contributions Plan

PAMPS means Pedestrian Access and Mobility Plan Strategy

WSC means Wingecarribee Shire Council

8.2 Definitions accredited certifier has the same meaning as in the EPA Act. affordable housing has the same meaning as in the EPA Act. attached dwelling means a building containing 3 or more dwellings, where: (a) each dwelling is attached to another dwelling by a common wall, and (b) each of the dwellings is on its own lot of land (not being and individual lot in a strata plan or community title scheme), and (c) none of the dwellings is located above any part of another dwelling. attic means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like. backpackers’ accommodation means tourist and visitor accommodation: (a) that has shared facilities, such as communal bathroom, kitchen or laundry, and (b) that will generally provide accommodation on a bed basis (rather then by room). bed and breakfast accommodation means tourist and visitor accommodation comprising a dwelling (and any ancillary buildings and parking) where the accommodation is provided by the permanent residents of the dwelling and: (a) meals are provided for guests only, and

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(b) cooking facilities for the preparation of meals are not provided within guests’ rooms and (c) dormitory-style accommodation is not provided. bedroom means any enclosed habitable room that is capable of being used for sleeping purposes, including any study or similar utility room. Note: Council may use discretion to determine whether a particular room is to be regarded as bedroom for the purposes of this definition by having regard to the nature of the design and/or layout of the room and its situation in the building. boarding house means a building: (a) that is wholly or partly let in lodgings (b) that provides lodgers with a principle place of residence for 3 months or more, and (c) that generally has shared facilities, such as a communal bathroom, kitchen or laundry, and (d) that has rooms that accommodate one or more lodgers, but does not include backpackers’ accommodation, a group home, a serviced apartment, seniors housing or hotel accommodation. brothel has the same meaning as the EPA Act. building has the same meaning as the EPA Act. capital cost means all of the costs of a one-off nature designed to meet the cost of providing, extending or augmenting infrastructure. caravan park mean land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed. catchment means a geographic or other defined area to which a contributions plan applies. certifying authority has the same meaning as the EPA Act. community facility means a building or place: (a) owned or controlled by a public authority or non-profit community organisation, and (b) used for the physical, social, cultural or intellectual development or welfare of the community, but does not include an educational establishment, hospital, retial premises, place of public worship or residential accommodation. community land has the same meaning as in the Local Government Act 1993. complying development has the same meaning as the EPA Act. consent authority has the same meaning as the EPA Act. construction certificate has the same meaning as the EPA Act.

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contributions plan means a public document prepared by Council pursuant to Section 94EA of the EPA Act 1979.

Council means Wingecarribee Shire Council. development has the same meaning as the EPA Act. development consent has the same meaning as the EPA Act. development contribution means a monetary contribution, the dedication of land free of cost or the provision of a material public benefit. dwelling means a room or suite of rooms occupied or used so as constructed or adapted as to be capable of being occupied or used as a separate domicile. dwelling house means a building containing only one dwelling. dual occupancy means 2-dwellings (whether attached or detached) on one lot of land (not being an individual lot in a strata plan or community title scheme), but does not include a secondary dwelling. exhibition home means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes and associated sales or home finance office or place used for displays. exhibition village means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes. facilities has the same meaning as in Section 31A of the EPA Reg. farm stay accommodation means tourist and visitor accommodation provided to paying guests on a working farm as a secondary business to primary production. granny flat means a second dwelling on one allotment of land that contains only 1- bedroom, with no separate studies or similar rooms, and has a floor area of 60m 2 or less. group home means a dwelling that is a permanent group home or a transitional group home. group home (permanent) or permanent group home means a dwelling: (a) that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is requires, and (b) that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,

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but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies. group home (transitional) or transitional group home means a dwelling: (a) that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and (b) that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people, but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies. growth centre has the same meaning as it has in the Growth Centres (Development Corporations) Act 1974. home-based child care means a dwelling used by a resident of the dwelling for the supervision and care of one or more children and that satisfies the following conditions: (a) the service is appropriately licensed within the meaning of the Children and Young Persons (Care and Protection) Act 1998), (b) the number of children (including children related to the carer or licensee) does not at any one time exceed 7 children under the age of 12-years, including no more than 5 who do not ordinarily attend school. home business means a business carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve: (a) the employment of more than 2 persons other than those residents, or (b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or (c) the exposure to view, from any adjacent premises or form any public place, of any unsightly matter, or (d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the business carried on in the dwelling), or (e) the sale of items (whether goods or materials), or the exposure or offer for sale or items by retial, except for the goods produced at the dwelling or building, but doe not include bed and breakfast accommodation, home occupation (sex services) or sex services premises. home industry means a light industry carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve: (a) the employment of more than 2 persons other than those residents, or

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(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or (c) the exposure to view, from any adjacent premises or form any public place, of any unsightly matter, or (d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the business carried on in the dwelling), or (e) the sale of items (whether goods or materials), or the exposure or offer for sale or items by retial, except for the goods produced at the dwelling or building, but does not include bed and breakfast accommodation or sex services premises. home occupation means an occupation carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve: (a) the employment of persons other than those residents, or (b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or (c) the exposure to view, from any adjacent premises or form any public place, of any unsightly matter, or (d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the business carried on in the dwelling), or (e) the sale of items (whether goods or materials), or the exposure or offer for sale or items by retial, except for the goods produced at the dwelling or building, but does not include bed and breakfast accommodation, a brothel or home occupation (sex services). home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve: (a) the employment or persons other than those residents, or (b) interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or (c) the exhibition of any notice, advertisement or sign, or (d) the sale of items (whether goods or materials), or the exposure or offer for sale or items, by retail, but does not include a home business or sex services premises. hostel means premises that are generally staffed by social workers or support providers and at which: (a) residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and (b) cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.

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hotel or motel accommodation means tourist and visitor accommodation (whether or not licensed premises under the Liquor Act 2007): (a) comprising rooms or self-contained suites, and (b) that may provide meals to guests or the general public and facilities for parking of guests’ vehicles, but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation. manufactured home has the same meaning as in the Local Government Act 1993. material public benefit does not include the payment of a monetary contributions or the dedication of land free of cost. moveable dwelling has the same meaning as in the Local Government Act 1993. multi dwelling housing means 3 or more dwellings 9wheter attached or detached) on one lot of land (not being and individual lot in a strata plan or community title scheme) each with access at ground level, but does not include a residential flat building. nexus means the relationship between expected types of development in the area and the demonstrated need for additional public facilities created by those developments. place of shared accommodation has the same meaning as the EPA Act. planning agreement means a voluntary planning agreement referred to in Section 93F of the EPA Act. planning authority means: (a) a council, or (b) the Minister, or (c) the corporation, or (d) a development corporation (within the meaning of the Growth Centres (Development Corporations) Act 1974), or (e) a public authority declared by the EP&A Regulations to be a planning authority for the purposes of this Division. planning benefit means a development contribution that confers a net public benefit, that is, a benefit that exceeds the benefit derived from measures that would address the impacts of particular development on surrounding land of the wider community. planning obligation means an obligation imposed by a planning agreement on a developer requiring the developer to make a development contribution. principal certifying authority has the same meaning as the EPA Act. public authority has the same meaning as the EPA Act.

Wingecarribee Shire Council Page 44 of 53 Section 94A Contributions Plan – Revision 1 public benefit is the benefit enjoyed by the public as a consequence of a development contribution. public land has the same meaning as in Local Government Act 1993. public place has the same meaning as in the Local Government Act 1993 public reserve has the same meaning as in the Local Government Act 1993 public road has the same meaning as in the Roads Act 1993 public purpose is defined in Section 93F(2) of the EPA Act to include the provision of, or the recoupment of the cost of providing public amenities and public services (as defined in Section 93C), affordable housing, transport or other infrastructure. It also includes the funding or recurrent expenditure relating to such things, the monitoring of the planning impacts of development and the conversation or enhancement of the natural environment. public reserve has the same meaning as in the Local Government Act 1993. public utility infrastructure , in relation to urban release area, includes infrastructure for any of the following: (a) the supply of water, (b) the supply of electricity, (c) the disposal and management of sewerage. public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any Government Department or under the authority of or in pursuance of any Commonwealth Department or under the authority of or in pursuance of any Commonwealth or State Act: (a) railway, road transport, water transport, air transport, wharf or river undertakings, (b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services, and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government Department, corporation, firm or authority carrying on the undertaking. recurrent costs means any cost, which is of a repeated nature that is required for the operation or maintenance of a public facility. residential accommodation means a building or place use predominantly as a place of residence, but does not include tourist and visitor accommodation. residential care facility means accommodation for seniors (people aged 55 years or more) or people with a disability that includes: (a) meals and cleaning services, and (b) personal care or nursing care, or both, and (c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,

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not being a dwelling, hospital or psychiatric facility. residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling house. rural worker’s dwelling means a dwelling, ancillary to a dwelling house on the same landholding, used as the principle place of residence by persons employed for the purpose of agriculture or a rural industry on that land. secondary dwelling means a self contained dwelling that: (a) is established in conjunction with another dwelling (the principle dwelling), and (b) is on the same lot of land (not being an individual lot in a strata plan or community title scheme) as the principal dwelling, and (c) is located within, or is attached to, or is separate from, the principal dwelling. semi detached dwelling means dwelling that is on its own lot of land (not being an individual lot in a strata plan or community title scheme) and is attached to only one other dwelling. seniors housing means ‘seniors housing’ as referred to in the Minister’s 94E direction as follows:

‘residential accommodation that is, or is intended to be, used permanently for seniors or people with a disability consisting of: (a) a residential care facility, or (b) a hostel, or (c) a group of self-contained dwellings, or (d) a combination of these, but does not include a hospital.

Note The concept of seniors housing is intended to be a shorthand phrase encompassing both housing for seniors and for people with a disability. This Policy deals with both kinds of housing.

Accommodation provided by seniors housing does not have to be limited to seniors or people with a disability. Clause 20 provides that seniors housing may be used for the accommodation of the following: (a) seniors or people who have a disability, (b) people who live within the same household with seniors or people who have a disability, (c) staff employed to assist in the administration of and provision of services to housing provided under this Policy.’ serviced apartment means a building or part of a building providing self contained tourist and visitor accommodation that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agent. sex services means sexual acts or sexual services in exchange for payment.

Wingecarribee Shire Council Page 46 of 53 Section 94A Contributions Plan – Revision 1 sex services premises means a brothel, but does not include home occupation (sex services). shop top housing means one or more dwellings located above (or otherwise attached to) ground floor retail premises or business premises. social housing provider means a ‘social housing provider’ as referred to in the Minister’s 94E direction as follows:

(a) the New South Wales Land and Housing Corporation, (b) the Department of Housing, (c) a community housing organisation registered with the Office of Community Housing of the Department of Housing, (d) the Aboriginal Housing Office, (e) a registered Aboriginal housing organisation within the meaning of the Aboriginal Housing Act 1998, (f) the Department of Ageing, Disability and Home Care, (g) a local government authority that provides affordable housing, (h) a not-for-profit organisation that is a direct provider of rental housing to tenants. subdivision certificate has the same meaning as in the EPA Act. subdivision of land has the same meaning as in the EPA Act. subdivision work has the same meaning as in the EPA Act. threshold means the level at which the capacity of an infrastructure item is reached or the event which triggers the requirement for the provision of a facility. tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes hotel or motel accommodation, serviced apartments, bed and breakfast accommodation and backpackers’ accommodation. urban release area means an area of land shown hatched and lettered “Urban Release Area” on the Urban Release Area Map pertaining to the WSC LEP 2009. works-in-kind means the construction or provision of the whole or part of a public facility that is identified in a works schedule in a contributions plan.

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9 Part H – References

Australian Bureau of Statistics (ABS): www.abs.gov.au

Carpenter, B. (2010). Assessment of Compensation Payable for Land to be Acquired at Lot 1 Argyle Street, Moss Vale . W.Mcl.Carpenters & Associates for Wingecarribee Shire Council.

Carpenter, B. (2010). Assessment of Compensation Payable for Land to be Acquired at Lot 2 Argyle Street, Moss Vale . W.Mcl.Carpenters & Associates for Wingecarribee Shire Council.

Carpenter, B. (2010). Assessment of Compensation Payable for Land to be Acquired at Lot 71 Argyle Lane & Wattle Lane, Bowral . W.Mcl.Carpenters & Associates for Wingecarribee Shire Council.

Carpenter, B. (2010). Assessment of Compensation Payable for Land to be Acquired at Lots 11 & 12 Argyle Lane & Wattle Lane, Bowral . W.Mcl.Carpenters & Associates for Wingecarribee Shire Council.

Carpenter, B. (2010). Assessment of Compensation Payable for Land to be Acquired at Lots 1 & 2 Argyle Lane, Bowral . W.Mcl.Carpenters & Associates for Wingecarribee Shire Council.

Carpenter, B. (2010). Assessment of Compensation Payable for Land to be Acquired at Lot 112 Wattle Lane, Bowral . W.Mcl.Carpenters & Associates for Wingecarribee Shire Council.

Carpenter, B. (2010). Assessment of Compensation Payable for Land to be Acquired at Lot 21 Argyle Lane, Bowral . W.Mcl.Carpenters & Associates for Wingecarribee Shire Council.

Carpenter, B. (2010). Assessment of Compensation Payable for Land to be Acquired at Lots 5 & 6 Argyle Lane, Bowral . W.Mcl.Carpenters & Associates for Wingecarribee Shire Council.

Carpenter, B. (2010). Assessment of Compensation Payable for Land to be Acquired at Lot 1 Wattle Lane, Bowral . W.Mcl.Carpenters & Associates for Wingecarribee Shire Council.

Carpenter, B. (2010). Assessment of Compensation Payable for Land to be Acquired at Lot 2 Wattle Lane, Bowral . W.Mcl.Carpenters & Associates for Wingecarribee Shire Council.

Carpenter, B. (2010). Assessment of Compensation Payable for Land to be Acquired at Lot 3 Wattle Lane, Bowral . W.Mcl.Carpenters & Associates for Wingecarribee Shire Council.

Wingecarribee Shire Council Page 48 of 53 Section 94A Contributions Plan – Revision 1

Carpenter, B. (2010). Assessment of Compensation Payable for Portion of Land to be Acquired in Part Lot 4 DP913353 Regent Street, Mittagong . W.Mcl.Carpenters & Associates for Wingecarribee Shire Council.

Carpenter, B. (2010). Assessment of Compensation Payable for Portion of Land to be Acquired from State Rail Authority at intersection of Princess & Regent Streets, Mittagong . W.Mcl.Carpenters & Associates for Wingecarribee Shire Council.

Development Contributions Practice Notes – June 2005 , by the Department of Planning, New South Wales.

Dept. of Planning, (2008). Sydney-Canberra Corridor Regional Strategy , New South Wales Government, Sydney. ( www.planning.nsw.gov.au )

Draft Wingecarribee Local Environmental Plan 2009

Environmental Planning and Assessment Act 1979

Environmental Planning and Assessment Regulation 2000

GEOPLAN Services Pty Limited, (2001). Pedestrian Access and Mobility Plans for Mittagong, Bowral and Moss Vale – Final Report . For Wingecarribee Shire Council.

McClelland. M., (2008). Wingecarribee Shire Community Profile 2006 , Wingecarribee Shire Council.

Oliver, G. (2010). Valuations of 171 to 207 Lackey Road & 2 Garrett Street, Moss Vale . W.Mcl.Carpenters & Associates for Wingecarribee Shire Council.

Wingecarribee Shire Council Page 49 of 53 Section 94A Contributions Plan – Revision 1

10 Appendix A

10.1 Procedure A cost summary report is required to be submitted with all applicable development applications to allow Council to determine the levy. The following shall be provided:

a. A cost summary report must be completed for development with an estimated development cost of no Greater than $500,000. b. A Quantity Surveyor’s Detailed Cost Report must be completed by a registered Quantity Surveyor for development with an estimated development cost \greater than $500,000.

To avoid doubt, clause 25J of the EPA Regulation sets out the items that are to be included in the estimation of the construction costs by adding up all the costs and expenses that have been or are to be incurred by the applicant in carrying out the development, including the following:

(a) If the development involves the erection of a building, or the carrying out of engineering or construction work – the costs of or incidental to erecting the building, or carrying out the work, including the cost (if any) of and incidental to demolition, excavation and site preparation, decontamination or remediation, (b) If the development involves a change of use of land – the costs of or incidental to doing anything necessary to enable the use of the land to be changed, (c) If the development involves the subdivision of land – the costs of or incidental to preparing, executing and registering the plan of subdivision and any related covenants, easements or other rights.

Further clause 25J also sets out the items that are not to be included:

(a) The cost of the land on which the development is to be carried out, (b) The costs of any repairs to any building or works on the land that are to be retained in connection with the development, (c) The costs associated with marketing or financing the development (including interest on any loans), (d) The costs associated with legal work carried out or to be carried out in connection with the development, (e) Project management costs associated with the development, (f) The cost of building insurance in respect of the development, (g) The cost of fittings and furnishings, including nay refitting or refurbishing, associated with the development (except where the development involves an enlargement, expansion or intensification of a current use of land), (h) The costs of commercial stock inventory, (i) Any taxes, levies or charges (other than G.S.T.) paid or payable in connection with the development by or under any law, (j) The costs of enabling access by disabled persons in respect of the development,

Wingecarribee Shire Council Page 50 of 53 Section 94A Contributions Plan – Revision 1

(k) The costs of energy and water efficiency measures associated with the development, (l) The cost of any development that is provided as affordable housing, (m) The costs of any development that is the adaptive reuse of a heritage item

Samples of a ‘Cost Summary Report’ and a ‘Registered Quantity Surveyor’s Detailed Cost Report’ , which are to be lodged with relevant Development Applications, are provided over page.

(Acknowledgement to for use of the model cost reports)

Wingecarribee Shire Council Page 51 of 53 Section 94A Contributions Plan – Revision 1

10.2 Sample Cost Summary Report

Cost Summary Report [Development Cost no greater than $500,000]

DEVELOPMENT APPLICATION NO. LUA______

COMPLYING DEVELOPMENT CERTIFICATE APPLICATION NO. LUA______

CONSTRUCTION CERTIFACATE NO. LUA______

DATE: ______

APPLICANT’S NAME:

APPLICANT’S ADDRESS:

DEVELOPMENT ADDRESS:

ANALYSIS OF DEVELOPMENT COSTS:

Demolition and alterations $ Hydraulic services $ Structure $ Mechanical services $ External Walls, windows and doors $ Fire services $ Internal walls, screens and doors $ Lift services $ Wall finishes $ External works $ Floor Finishes $ External services $ Ceiling finishes $ Other related work $ Fittings and equipment $ Sub -total $

Sub-total above carried forward $ Preliminaries and margin $ Sub -total $ Consultant fees $ Other related development costs $ Sub -total $ Goods and Services Tax $ TOTAL DEVELOPMENT COSTS $

I certify that I have: • inspected the plans the subject of the application for development consent or construction certificate. • Calculated the development costs in accordance with the definition of development costs in clause 25J of the Environmental Planning and Assessment Regulation 2000 at current prices. • Included GST in the calculation of development cost.

Signed: Date:

Name:

Position and Qualifications:

Wingecarribee Shire Council Page 52 of 53 Section 94A Contributions Plan – Revision 1

10.3 Sample Quantity Surveyor’s Report

Registered* Quantity Surveyor’s Detailed Cost Report [Development Cost in Excess of $500,000] *A member of the Australian Institute of Quantity Surveyors

DEVELOPMENT APPLICATION NO. LUA______

COMPLYING DEVELOPMENT CERTIFICATE APPLICATION NO. LUA______

CONSTRUCTION CERTIFACATE NO. LUA______

DATE: ______

APPLICANT’S NAME:

APPLICANT’S ADDRESS:

DEVELOPMENT ADDRESS:

DEVELOPMENT DETAILS: Gross Floor Area - Commercial m2 Gross Floor Area - Other m2 Gross Floor Area – Residential m2 Total Floor Area m2 Gross Floor Area – Retail m2 Total Site Area m2 Gross Floor Area – Car Parking m2 Total Car Parking Spaces Total Development Cost $ Total Construction Cost $ Total GST $

ESTIMATE DETAILS: Professional Fees $ Excavation $ % of Development Cost % Cost per sqm of site area $ /m 2 % of Construction Cost % Car Park $ Demolition and Site Preparation $ Cost per sqm of site area $ /m 2 Cost per sqm of site area $ /m 2 Cost per Space $ /space Construction – Commercial $ Fit-out – Commercial $ Cost per sqm of commercial area $ /m 2 Cost of per m 2 of commercial area $ /m 2 Construction Residential $ Fit -out – Residential $ Cost per sqm of residential area $ /m 2 Cost per m 2 of residential area $ /m 2 Construction – Retail $ Fit-out – Retail $ Cost per sqm of retail area $ /m 2 Cost per m 2 of retail area $ /m 2

I certify that I have: • Inspected the plans the subject of the application for development consent or construction • Prepared and attached an elemental estimate generally prepared in accordance with the Australian Cost Management Manuals from the Australian Institute of Quantity Surveyors. • Calculated the development costs in accordance with the definition of development costs in Clause 25J of the Environmental Planning and Assessment Regulation 2000 at current prices. • Included GST in the calculation of development cost. • Measured gross floor areas in accordance with the Method of Measurement of Building Area in the AIQRS Cost Management Manual Volume 1, Appendix A2.

Signed: Date:

Name:

Position and Qualifications:

Wingecarribee Shire Council Page 53 of 53